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joio
Hi
Back in June i got caught speeding 29 in a 20 zone and was sent 2 NIP to my old address in July, unfortunately i was in process of moving into my partners place slowly over time and so never saw these as i was away on holiday, staying with her. Then on 1st Sep i had a accident and was off work for several weeks and unable to drive and was staying at my partners house so i was unable to pick up my mail. Then in Oct when i was able to drive i picked up my mail and discovered the NIP, i contacted them and explained and returned the NIP. I have now had a notice taking me to court and while im guilty of the speeding offence, could i use the fact that due to me moving and missing my mail, accident i did not see the original NIP and respond to it and be dealt with a fixed penalty notice. Could i use this in my mitigation? and am i better off not to give them details of my income. I have now since changed my address details on my licence since moving in full time. All advice appreciated
southpaw82
QUOTE (joio @ Thu, 22 Nov 2018 - 19:15) *
Could i use this in my mitigation?


Yes.

QUOTE
and am i better off not to give them details of my income.

As that may be an offence nobody is going to advise that.
peterguk
QUOTE (joio @ Thu, 22 Nov 2018 - 19:15) *
I have now since changed my address details on my licence


You also need to change your vehicle's V5C address too. It is the V5C address the police use for NIPs, not the DL.
Logician
QUOTE (joio @ Thu, 22 Nov 2018 - 19:15) *
I have now had a notice taking me to court


What offence(s) are listed on the notice, is it simply speeding or is it speeding and failing to furnish information, s.172?

joio
Hi
Under offence charged it is speeding listed with RR84210. Do I need to get solicitors advice here or just state the mitigation as I have here ? Are the details checked on the MC100 form?
southpaw82
QUOTE (joio @ Sat, 24 Nov 2018 - 12:07) *
Are the details checked on the MC100 form?

It sounds very much like you’re intending to lie on the form. Don’t.
cp8759
QUOTE (joio @ Sat, 24 Nov 2018 - 12:07) *
Hi
Under offence charged it is speeding listed with RR84210. Do I need to get solicitors advice here or just state the mitigation as I have here ? Are the details checked on the MC100 form?

I suspect they don't ask you for your NI number just for fun. As one DJ(MC) likes to put it, supplying false information on the form could lead to a fine or imprisonment or both.
Logician
The sentencing guidelines state:

No reliable information

Where an offender has failed to provide information, or the court is not satisfied that it has been given sufficient reliable information, it is entitled to make such determination as it thinks fit regarding the financial circumstances of the offender (CJA 2003, s.164(5)). Any determination should be clearly stated on the court records for use in any subsequent variation or enforcement proceedings. In such cases, a record should also be made of the applicable fine band and the court’s assessment of the position of the offence within that band based on the seriousness of the offence.

Where there is no information on which a determination can be made, the court should proceed on the basis of an assumed relevant weekly income of £440. This is derived from national median pre- tax earnings*; a gross figure is used as, in the absence of financial information from the offender, it is not possible to calculate appropriate deductions.

Where there is some information that tends to suggest a significantly lower or higher income than the recommended £440 default sum, the court should make a determination based on that information.
joio
ok thanks for that, I do earn more than the 440 quoted above so is it better i not fill in the form ??. Do i need to get solicitors help advice here or should i just state the above mitigation on the form and send it away to get the discounted fine. Is the above charge code just for the speeding???
thanks
peterguk
QUOTE (joio @ Sun, 25 Nov 2018 - 18:28) *
so is it better i not fill in the form ??.


Read the replies above. No one here is going to suggest not completing the form.

QUOTE (joio @ Sun, 25 Nov 2018 - 18:28) *
Do i need to get solicitors help advice here or should i just state the above mitigation on the form and send it away to get the discounted fine. Is the above charge code just for the speeding???
thanks


You don't need a solicitor for a simple guilty plea.

Is speeding the only offence listed? The code is an internal reference and means nothing here.
Jlc
Fill in the form correctly. If sentenced correctly (it doesn't always happen) then the 'first offence' allowance should kick in with the maximum (£1,000) also. The 33% guilty discount too.
joio
Hi speeding is the under the offence charged and front page charge listing. So shall I mention about the mitigation as on my original post why I did not respond to the s172?
joio
Any advice here as I would like to send this away weekend
Thanks
cp8759
QUOTE (joio @ Mon, 26 Nov 2018 - 21:15) *
Hi speeding is the under the offence charged and front page charge listing. So shall I mention about the mitigation as on my original post why I did not respond to the s172?

If speeding is the only offence charged, then the reasons for the late reply to the s172 request will be irrelevant and of no interest to anyone.

Or have they charged you with both speeding and the section 172 offence?
joio
I can only see speeding under charges is there somewhere else I should be looking. It does mention the s172 in the evidence part and under make references to it in the whole thing
cp8759
If you're only charge with speeding, then the reasons for the late reply to the s172 request will be irrelevant and of no interest to anyone. I guess you're planning on pleading guilty?
Churchmouse
QUOTE (joio @ Thu, 29 Nov 2018 - 19:19) *
I can only see speeding under charges is there somewhere else I should be looking. It does mention the s172 in the evidence part and under make references to it in the whole thing

You should probably let someone else read it before you act on it.

--Churchmouse
cp8759
QUOTE (Churchmouse @ Fri, 30 Nov 2018 - 00:11) *
QUOTE (joio @ Thu, 29 Nov 2018 - 19:19) *
I can only see speeding under charges is there somewhere else I should be looking. It does mention the s172 in the evidence part and under make references to it in the whole thing

You should probably let someone else read it before you act on it.

--Churchmouse

You could always upload a copy here, after redacting your name and address, and we can tell you for sure.
joio
Sorry for whatever reason it will not upload the pic of charge sheet but i have read again and it only states speeding under offences charged, so does that mean no point in me stating the mitigating circumstances. what else will help me here?
cp8759
You can upload it to imgur.com and post a link. However ultimately if you're only charged with speeding then, as I explained, nobody is going to care why the s172 response was late. It's simply irrelevant.
joio
Is there nothing that will help me ? If I had seen the mail then I would have responded to it and then got a fixed penalty notice instead of court

Is there nothing that will help me ? If I had seen the mail then I would have responded to it and then got a fixed penalty notice instead of court
Logician
For 29 in a 20 limit you are going to get just 3 points anyway, so the only difference will be financial. The amount will be 50% of your net weekly income, less 33% for a guilty plea, plus 10% surcharge (min £30) plus £85 costs. You can certainly say that if you had seen the mail then you would have responded to it and then got a fixed penalty notice instead of court, and ask to be dealt with at the fixed penalty rate, the court may be sympathetic but may consider that you contributed to it by making no arrangements for your mail to be re-directed or picked up.
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